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Employee Off-Duty conduct

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Employee Off-Duty conduct
Damaging the employers reputation can be done by employees in several different ways, and can include many different forums. What should happen if an employee tweets negative things about their employer? What if they get in trouble outside of work? What if they do something at work that critically damages their reputation that is not part of their job duties? There are many ways that employees conduct inside and outside of work can affect an employer’s reputation, the relationship as well as many consequences for the actions. This report is going to address off-duty conduct and defamation and show cases that are relevant. Essentially anything that employees do outside of work hours should be their business, but is it? In the case Kelly v. Linamar Corporation, 2005 CanLII 42487 (Ont.SC): Mr. Philip Kelly had been working in Linamar for 14 years, and his position was manager which supervisors more than 10 employees and have daily touch base with suppliers and customers. His work record was impressive, and others knew him as a respectful manager. However, he was arrested for holding child pornography in his home computer on January 21, 2002(Filsinger, 2010, p.380). His employer, Linamar Corporation started investigation in Mr. Kelly’s conduct due to the shocking news came out. Linamar Corporation is the largest employer in the city of Guelph and has “a special emphasis on philanthropy directed towards young children including sponsoring their attendance at cultural events, sponsoring their sports teams and working with the local schools in innovative educational projects”. Three days after his charge, Mr. Kelly received a termination letter from Linamar Corporation which stated Mr. Kelly was terminated with just cause and his conduct had negative impact on the company’s reputation. Mr. Kelly pleaded guilty to the charge. On January 23, 2004, he sued Linamar Corporation for wrongful dismissal. The court found Mr. Kelly had failed his duty to maintain his


Cited: "Number of active users at Facebook over the years." Yahoo! News. Yahoo!, 1 May 2013. Web. 29 Nov. 2013. . "Ontario man loses job after writing cruel Facebook comment about Amanda Todd." National Post. N.p., n.d. Web. 28 Nov. 2013. . Timoshenko, Lisa, and Jacqueline Demers. "Social Media Use Among Ontario Municipalities is Growing Fast." Red Brick. N.p., n.d. Web. 28 Nov. 2013. . "Porter Airlines Sues Union for Defamation." Toronto Employment Lawyers Employment Contracts Wrongful Dismissal RSS. N.p., n.d. Web. 4 Dec. 2013. . "Jisc Legal." Preece v JD Wetherspoons plc – Employee 's Facebook Comments Constitute Gross Misconduct (18 October 2011) > > View Detail. N.p., n.d. Web. 4 Dec. 2013. . "Pure Employment Law." Pure Employment Law RSS. N.p., n.d. Web. 4 Dec. 2013. . Filsinger, J. Kathryn. (2010). Employment Law for business and Human Resources Professionals. Toronto, Canada: Emond Motgomery Pubilcations. Kelly v. Linamar Corporation, 2005 CanLII 42487 (ON SC), retrieved on 2013-12-03
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